The core of labor law
Canada's Labour laws are made by the provinces under the leadership of different political parties, and although there are differences, the basic principles are much the same. It is important for employers to understand the Labour Law, and employees can check their rights with the legal profession when they are dismissed. Employers who fail to comply with the Labour Act will be pursued for compensation. In this case, it is difficult for defaulting employers to escape punishment. Even if a contract has been entered into with an employee, it is still invalid if the contract is illegal. The Labour Code guarantees the basic rights of workers by establishing basic standards for salaries, working hours and leave periods.
[Salary] The law stipulates that wages are calculated by the hour, the minimum hourly wage is 7-10 CAD/hour, and is paid once every half month. Employers have the responsibility to register and maintain employee employment records, including hours worked, salaries, tax deductions, pensions, unemployment benefits, etc. A copy of these records is given to the employee each time they are sent. Even if an employee is suspended, the employer is still required to retain his/her employment record for seven years for inspection by the Government audit.
【 Working hours 】 The law stipulates that employees shall not work more than 8 hours per day and 40 hours per week. Overtime work must be paid at half the hourly rate. If the working hours exceed 11 hours per day or 48 hours per week, or are required to work on public holidays, double the hourly rate will be paid. If an employer requires an employee to work, even if the work is less than four hours, he shall be paid at least four hours per day. If working for 5 consecutive hours, employees should have at least half an hour of unpaid rest.
The law provides for nine public holidays per year. Employees are paid for their absence from work during holidays. Employees are entitled to two weeks paid vacation per year after working for one year; Employees with five years of service are entitled to three weeks of paid leave. In addition, pregnant female employees are entitled to 18 weeks of maternity leave without pay, and employers cannot fire pregnant female employees for this reason.
In addition to this, the Labour law also requires employers to pay reasonable severance pay when they dismiss an employee without cause. Those who have worked from 3 months to less than 1 year shall be paid 1 week's wages, those who have worked from 1 year to less than 3 years shall be paid 2 weeks' wages, and those who have worked from 3 years shall be paid 3 weeks' wages. And so on, each year of service plus one week, severance pay equivalent to up to eight weeks of salary.
Rules for foreigners to work there
The Temporary Foreign Worker Program of the Canadian Federal Government is led by the federal government and is the most important policy measure in the introduction of foreign workers in Canada. The provinces cooperate with the federal government in implementing the Temporary Foreign Worker Program, and there are no separate programs to bring in foreign workers. Temporary Labour permits in Canada are issued when an employer is facing a Labour shortage and Canadian workers are unable to meet the demand. Temporary foreign Labour permits are not based on quotas. In principle and in practice, temporary foreign Labour permits are not capped.
Contents and Main Provisions of the Temporary Foreign Worker Program: The Temporary Foreign Worker Program provides that employers can legally hire qualified foreign workers from any country. Work permits under the Temporary Foreign Worker Program are divided into work permit visas and holiday work visas. The work permit application process is divided into three main steps.
(1) After an employer decides to hire a temporary foreign worker, it first submits to the Federal Ministry of Human Resources and Social Development a "Labour Market Assessment Document (LMO)", which includes: Information about the job, whether it has been advertised and the results of the job for at least 7 days on the website of the national Employment Bank or in the mainstream employment media for Labour services, the union's opinion on the employment of foreign workers for the job, the benefits of hiring foreign workers to the Canadian economy, the employer's training program for replacement foreign workers, Other relevant information on the proposed employment of foreign workers.
(2) The Federal Department of Human Resources and Social Development conducts an assessment of the LMO's labor shortage in the industry and position in which the foreign worker is employed, the impact of the foreign worker on job creation, and whether the employer has a well-developed program to train local personnel; Whether the work and remuneration of foreign workers are consistent with those of local counterparts; Whether the qualifications of the foreign worker meet the federal or provincial requirements for the skills, licenses and other conditions of the position; The relevant views of the trade union, etc.
(3) If the Labour Market Assessment is approved by the Federal Ministry of Human Resources and Social Development, a notice of approval is issued to the employer. Employers inform foreign Labour applicants to apply for a work permit visa at the Canadian embassy (consulate) in their home country or territory. The information brought by the applicant includes:
"Labour Market Assessment" notice, employer offer letter, passport, curriculum vitae, training certificate, proof of qualifications, no criminal record, etc., and an application fee of $150. A work permit visa valid for one year will be issued to the applicant upon approval. It can be extended to a maximum of two years. The applicant may also apply for immigration after the expiry of the work visa.
A Working holiday visa is a visa to visit and work in Canada and is only issued to tourists aged between 18 and 30 from Austria, Australia, Belgium, Finland, France, Germany, Ireland, the Netherlands, New Zealand, Sweden, Eswatini, South Africa, the United Kingdom, Ukraine, the United States and other countries.
Temporary Foreign Worker Program The federal government has established a joint system with the provinces/territories, and in some provinces with large numbers of foreign workers, such as Alberta and British Columbia, Temporary Foreign worker Offices have been set up to handle specific work. Ninety per cent of foreign worker jobs are managed by the provinces/territories and ensure that employment and Labour standards meet provincial government regulations, with the federal government controlling the remaining 10 per cent. In July 2008, the federal government took the lead in signing a memorandum of Understanding with the Alberta Government on temporary foreign workers, agreeing on information sharing, worker protection and working conditions related to foreign workers. The federal and provincial governments have stressed that no matter what form of employment foreign workers, their work pay, treatment and conditions must not be lower than that of local workers, if the government finds that employers exploit workers, it will disqualify employers from hiring foreign workers.
Employers of temporary foreign workers shall strictly fulfill their duties under the Immigration and Refugee Protection Act and the Immigration and Refugee Protection Regulations. The new amendments to the Immigration and Refugee Protection Regulations came into force on 1 April 2011, with the following changes:
(1) The government will more strictly examine the authenticity of employment letters. Companies that fail to comply with federal and provincial labor laws will lose their eligibility to hire foreign workers.
(2) The rights and interests of workers should be further protected. If the company pays employees significantly different salaries and provides working conditions from those promised, it will be disqualified from hiring foreign workers for up to two years. The Immigration Department will publish the names of the offending companies on its official website.
(3) Temporary foreign workers may not work in Canada for more than four years, after which they must wait four years before returning to Canada to continue working. Although the amendment strengthened the market admission discipline, it did not significantly tighten the temporary foreign labor policy, and the demand for temporary foreign workers in the domestic market still exists. On the other hand, while improving the treatment of temporary foreign workers, the Canadian government also tries to reserve employment opportunities for local residents.